SECURITY AGREEMENTSecurity Agreement • May 15th, 2012 • Chile Mining Technologies Inc. • Metal mining • New York
This SECURITY AGREEMENT, dated as of May 8, 2012 (this “Agreement”), is made and entered into by and among Chile Mining Technologies Inc., a Nevada corporation (the “Company”), all of the Subsidiaries of the Company (such subsidiaries, the “Guarantors” and together with the Company, the “Debtors”) and the holders of the Company’s 11% Secured Convertible Notes due May 8, 2017, in the original aggregate principal amount of $2,120,000 (collectively, the “Notes”) signatory hereto, their endorsees, transferees and assigns (collectively, the “Secured Parties”).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • May 15th, 2012 • Chile Mining Technologies Inc. • Metal mining • New York
This SECURITIES PURCHASE AGREEMENT (this “Agreement”), dated May 8, 2012, is between Chile Mining Technologies Inc., a Nevada corporation (the “Company”), and each purchaser identified on Schedule A-1 hereto (each, including their respective successors and assigns, an “Investor” and collectively, the “Investors”) and, with respect to certain sections hereof, Euro Pacific Capital, Inc. and Halter Financial Securities Inc. (the “Lead Placement Agents”).
LOAN REPAYMENT AGREEMENTLoan Repayment Agreement • May 15th, 2012 • Chile Mining Technologies Inc. • Metal mining • New York
This LOAN REPAYMENT AGREEMENT (this “Agreement”), dated as of May 8, 2012, is made entered into by and between Chile Mining Technologies, Inc., a Nevada corporation, (the “Company”) and Halter Financial Group (the “Lender”; together with the Company, the “Parties”).
SUBSIDIARY GUARANTEESubsidiary Guarantee • May 15th, 2012 • Chile Mining Technologies Inc. • Metal mining • New York
This SUBSIDIARY GUARANTEE dated as of May 8, 2012 (this "Guarantee"), is made by each of the signatories hereto (together with any other entity that may become a party hereto as provided herein, the "Guarantors"), in favor of the purchasers signatory (the "Investors") to that certain Securities Purchase Agreement, dated as of the date hereof (the “SPA”), between Chile Mining Technologies, Inc., a Nevada corporation (the "Company") and the Investors.
CHILE MINING TECHNOLOGIES INC. COMMON STOCK PURCHASE WARRANTCommon Stock Purchase Warrant • May 15th, 2012 • Chile Mining Technologies Inc. • Metal mining
This Warrant is one of a series of warrants and is being issued pursuant to a Securities Purchase Agreement, dated May 8, 2012 (the “SPA”), by and between the Company, the Initial Holder and the other parties thereto.
CLOSING ESCROW AGREEMENTClosing Escrow Agreement • May 15th, 2012 • Chile Mining Technologies Inc. • Metal mining • New York
This CLOSING ESCROW AGREEMENT, dated as of May 8, 2012 (this “Agreement”), is entered into by and among Chile Mining Technologies Inc., a Nevada corporation (the “Company”), Euro Pacific Capital, Inc. and Halter Financial Securities Inc. (together the “Placement Agents”) and Escrow, LLC, a Virginia limited liability company (the “Escrow Agent”). The Placement Agents and the Company are sometimes each referred to herein as an “Escrowing Party” and collectively, the “Escrowing Parties.”
CHILE MINING TECHNOLOGIES INC. PLACEMENT AGENT COMMON STOCK PURCHASE WARRANTPlacement Agent Common Stock Purchase Warrant • May 15th, 2012 • Chile Mining Technologies Inc. • Metal mining
Chile Mining Technologies Inc., a Nevada corporation (the “Company”), hereby certifies that, for value received, the Initial Holder shown above, or its permitted registered assigns (the “Holder”), is entitled to purchase from the Company up to the number of shares of its common stock, par value $0.001 per share (the “Common Stock”), shown above as may be adjusted from time to time as provided herein (each such share, a “Warrant Share” and all such shares, the “Warrant Shares”) at the exercise price shown above as may be adjusted from time to time as provided herein (the “Exercise Price”), at any time and from time to time on or after the original issue date indicated above (the “Original Issue Date”) and through and including the expiration time shown above (the “Expiration Time”), and subject to the following terms and conditions:
ContractSecured Convertible Note • May 15th, 2012 • Chile Mining Technologies Inc. • Metal mining • New York
THIS NOTE AND THE SECURITIES ISSUABLE UPON CONVERSION HEREOF HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR APPLICABLE STATE SECURITIES LAWS. THE SECURITIES HAVE BEEN ACQUIRED FOR INVESTMENT AND MAY NOT BE OFFERED FOR SALE, SOLD, TRANSFERRED OR ASSIGNED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT FOR THE SECURITIES UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR APPLICABLE STATE SECURITIES LAWS, OR AN OPINION OF COUNSEL, IN A FORM ACCEPTABLE TO THE COMPANY, THAT REGISTRATION IS NOT REQUIRED UNDER SAID ACT OR APPLICABLE STATE SECURITIES LAWS OR UNLESS SOLD PURSUANT TO RULE 144 UNDER SAID ACT.
